People v. Peterson

Summary

The Appellate Division, Third Department affirmed a Greene County judgment convicting John G. Peterson upon his guilty plea to aggravated vehicular homicide and driving while ability impaired by the combined influence of drugs or alcohol and drugs. The court held that Peterson's appeal waiver was invalid because it did not ensure his understanding that certain appellate rights survived, but concluded that the negotiated sentence of 7 to 21 years was not unduly harsh or severe.

Holdings

1. The waiver of defendant's right to appeal was invalid because the plea colloquy and written waiver did not ensure that defendant understood that some appellate rights survive an appeal waiver; therefore, the waiver did not preclude review of his challenge to the severity of the sentence.
2. The negotiated sentence of 7 to 21 years was not unduly harsh or severe, and the court declined to modify it in the interest of justice.

Questions Presented

1. Whether defendant's waiver of the right to appeal was valid and precluded appellate review of his sentence.
2. Whether defendant's negotiated sentence of 7 to 21 years was unduly harsh or severe and should be modified in the interest of justice.

Disposition

affirmed